How do I equally distribute investments that have increased in value since the separation date? Do I use the values as of the separation date or do I use the current values?
If the increases are due to market gains (passive gains) and no contributions have been made since the date of separation, then the entire current balance at the time of distribution can be divided.
Otherwise, you’ll need to use the date of separation balance to determine what the other spouse is owed, and then the language for the settlement should say the receiving spouse shall receive $x plus or minus any passive gains or losses as of the date of separation or date of valuation. This will ensure the receiving spouse receives one-half of the passive marital gains but does not receive any of the post date of separation contributions.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My ex-spouse has received court certified transfer of retirement funds order but neither me or my lawyer has received a copy. He is not submitting the certified order to his retirement fiduciary which is causing delay in transfer of funds. Is there a way to pressurize him to submit the order and does the order come with a deadline? Also, is there a way to get a copy from the court?
Generally the spouse receiving the benefit of the retirement funds in the spouse to be responsible for the drafting, entry, and submission of the qualified domestic relations order (QDRO) which is the court order that requires a financial institution to transfer retirement assets pursuant to a divorce. This avoids a scenario where the spouse that will be transferring and thus losing the assets is in control of when the order is submitted.
If there is a QDRO or similar transfer order already entered by the judge, it will be in the court file. You can obtain a certified copy from the clerk’s office and submit it to the plan administrator if your spouse has not already done so.
You can get a copy of the court file by calling your county’s clerk’s office and asking the procedure for obtaining a copy or viewing a copy.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.